Police say Mark Abaire asked the staff at the East Naples restaurant for a cup so he could get water from the soda fountain, but instead he got soda.
When the manager asked Abaire to pay for the soda, the 52-year-old apparently refused and cursed out the crew. That's when they called police.
Petty theft is usually a misdemeanor, but because Abaire has previous convictions for theft the charge was upgraded to a felony.
